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from the Have-you-ever-read-a-book,-magazine,-or-newspaper?-Which-ones? dept.
Music-industry lawyers plan to ask potential jurors in a piracy case whether they read Ars Technica.
"Have you ever read or visited Ars Technica or TorrentFreak?" is one of 40 voir dire questions that plaintiffs propose to ask prospective jurors in their case against Grande Communications, an Internet service provider accused of aiding its customers' piracy, according to a court filing on Friday.
[...] Record-label attorneys also want to ask potential jurors if they "know what a peer-to-peer network is," have "ever downloaded content from any BitTorrent website" such as The Pirate Bay and KickassTorrents, obtained music or video from "any stream-ripping service," been "accused of infringing a copyright," or "ever been a member, contributor or supporter of the Electronic Frontier Foundation."
The full list of questions by each party were made available by TorrentFreak as pdfs:
Have you now, or ever been, a member of the Pirate Party?
(Score: 3, Insightful) by c0lo on Tuesday February 04 2020, @07:45AM (24 children)
Correct. Uploading is the thing that distributes a copy, the very act that breaches the copyright.
(if I'm copying the book or dvd that I own for whatever purposes except distribution, I'm not in breach of the copyright law)
https://www.youtube.com/watch?v=aoFiw2jMy-0
(Score: -1, Troll) by Anonymous Coward on Tuesday February 04 2020, @08:27AM (22 children)
But by stream ripping (saving permanently something you downloaded legally) you're breaching the EULA you agreed to by displaying the page!
And it's legally binding, we swear!
(Score: 2) by c0lo on Tuesday February 04 2020, @08:42AM (10 children)
True (and sorta touche).
But then you don't own the content, it was only licensed to you, under the conditions of your streaming provider contract (and very likely that "ripping" is defined as a no-no).
Downloading it is the very service the streaming provider gives to you. As such, it cannot be defined as "illegal" without putting the streaming provided outside the law.
https://www.youtube.com/watch?v=aoFiw2jMy-0
(Score: 0) by Anonymous Coward on Tuesday February 04 2020, @09:45AM
Hmm, so you say people need to stick to stream ripping and not view the site itself as that would avoid facing the EULA...
(Score: 0) by Anonymous Coward on Tuesday February 04 2020, @10:02AM (5 children)
Sucker! Possession is nine-tenths of the law. If you let your damn stream cross my property, or router, it is mine, regardless. Streaming! Ha!
(Score: 2) by c0lo on Tuesday February 04 2020, @10:28AM (3 children)
What's the legalese word for entering a contract with no intention of respecting it?
https://www.youtube.com/watch?v=aoFiw2jMy-0
(Score: 5, Funny) by TheGratefulNet on Tuesday February 04 2020, @03:11PM
the word you are looking for is "republican"
"It is now safe to switch off your computer."
(Score: 2, Informative) by khallow on Tuesday February 04 2020, @04:06PM
(Score: 3, Interesting) by Chocolate on Tuesday February 04 2020, @09:25PM
"Rich'"
Bit-choco-coin anyone?
(Score: 3, Funny) by kazzie on Tuesday February 04 2020, @10:50AM
No, don't cross the streams!
(Score: 2) by JoeMerchant on Tuesday February 04 2020, @02:42PM (1 child)
There should be some level of commitment required by both parties in a contract.
If I walk down a crowded street with a EULA on a sandwich board, declaring that anyone who reads my sign agrees to tithe to the church of the apocalypse and that breach shall be settled out of court for treble damages... is it any more binding if they shake my hand?
Similarly, when buying a ticket to see a movie, after the ticket price is paid and the customer has been seated in the theater, what if similar contracts appear on the screen, how binding are they?
AT&T pulled this kind of shit with their long distance calling card, about two years after I told them to get stuffed, they can stay stuffed.
Україна досі не є частиною Росії Слава Україні🌻 https://news.stanford.edu/2023/02/17/will-russia-ukraine-war-end
(Score: 0) by Anonymous Coward on Tuesday February 04 2020, @09:28PM
Next time,stuff them with asbestos
It's fireproof but oh so stuffy.
(Score: 2) by Mer on Tuesday February 04 2020, @07:08PM
Youtube's a streaming provider. Not even talking about illegally hosted music on youtube, there's treasure trove of free music on VEVO channels.
It's perfectly legal to download and listen to that music for free, even if you block the ads, both youtube and the rightholders are giving consent (and if they tell you you can't block ads, their words hold no legal weight). Corpos just want to have their cake and eat it too
Shut up!, he explained.
(Score: 1, Interesting) by Anonymous Coward on Tuesday February 04 2020, @08:59AM (2 children)
Many years ago when click EULAs were just starting, I wrote my own that said:
"By selling this software/music/film to me and accepting payment you agree that I retain all first sale rights, all rights enshrined in legislation, all common law rights, and that any conditions in any EULA are null and void to the extent permitted by law. If these conditions are not acceptable return all payment plus postage and handling plus a 20% de-stocking fee within 48 hours."
I published it on some website somewhere (don't remember where) and since nobody has ever refunded payments to me, I consider myself not bound by any EULA.
(Score: 0) by Anonymous Coward on Tuesday February 04 2020, @02:40PM (1 child)
I like the "if you break this seal" variety because I just open the other end.
(Score: 3, Informative) by DannyB on Tuesday February 04 2020, @03:53PM
On a box of
dog foodsoftware:By opening this software, you agree to the EULA which is sealed inside.
On a web site:
You agree to the TOS for this website.
If you wish to read the TOS, click the I AGREE button.
Linus had just come from the desert after coding for 40 days and 40 nights.
Steve Ballmer showed him all the CPUs of the world, in all their splendor, and said:
"All of this I will give to you if you bow down and click I AGREE to my EULA."
The thing about landline phones is that they never get lost. No air tag necessary.
(Score: 4, Interesting) by tangomargarine on Tuesday February 04 2020, @03:41PM (7 children)
I've always wondered about this. Isn't that the equivalent of VCRing something ("timeshifting" don't they call it?)? Is the act of using a VCR illegal?
"Is that really true?" "I just spent the last hour telling you to think for yourself! Didn't you hear anything I said?"
(Score: 2) by Pino P on Tuesday February 04 2020, @05:41PM (4 children)
The Supreme Court of the United States narrowly considered time shifting to be fair use because at the time, video programming was primarily broadcast on a linear schedule. The logic doesn't apply quite so well to subscription video on demand services, be they included with a traditional cable television service or sold separately.
(Score: 2) by exaeta on Thursday February 06 2020, @05:43PM (3 children)
The Government is a Bird
(Score: 2) by Pino P on Friday February 07 2020, @12:30AM (2 children)
When you signed up for a subscription video on demand service, you agreed to an express written restriction on playback devices. Courts in SoylentNews PBC's home country have uniformly upheld such restrictions in Universal City Studios, Inc. v. Reimerdes, 321 Studios v. Metro Goldwyn Mayer Studios, Inc., RealNetworks, Inc. v. DVD Copy Control Ass'n, Inc., and DVD Copy Control Ass'n, Inc. v. Kaleidescape, Inc.
By contrast, free-to-air broadcasts are not subject to such a restriction.
(Score: 2) by exaeta on Sunday February 09 2020, @01:25AM (1 child)
The Government is a Bird
(Score: 2) by Pino P on Sunday February 09 2020, @03:41AM
How often do private antitrust suits actually succeed?
(Score: 1, Interesting) by Anonymous Coward on Tuesday February 04 2020, @09:32PM (1 child)
It's legal in Australia and enshrined to the point that PVRs still legally support it on new TVs.
However,they also ruled that region locking is illegal yet DVDs and BR still have it. Go figure.
(Score: 3, Informative) by deimtee on Wednesday February 05 2020, @03:43AM
It wasn't quite that simple. They ruled that it was legal to sell unlocked players and disks. It is also legal to unlock region-locked players. I think they are also required to label anything that is region locked as being so.
No problem is insoluble, but at Ksp = 2.943×10−25 Mercury Sulphide comes close.
(Score: 1, Interesting) by Anonymous Coward on Tuesday February 04 2020, @08:51AM
Never, should read, not always.
(For when that copy is something you do not own)